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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Employees' Benefits |
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| Office of Workers' Compensation Programs, Department of Labor |
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| Compensation for Disability and Death of Noncitizen Federal Employees Outside the United States |
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| General Provisions |
20 CFR 25.2 - In general, what is the Director's policy regarding such claims?
- Section Number: 25.2
- Section Name: In general, what is the Director's policy regarding such claims?
(a) Pursuant to 5 U.S.C. 8137, the benefit features of local
workers' compensation laws, or provisions in the nature of workers'
compensation, in effect in areas outside the United States, any
territory or Canada shall, effective as of December 7, 1941 and as
recognized by the Director, be adopted and apply in the cases of
employees of the United States who are neither citizens nor residents of
the United States, any territory or Canada, unless a special schedule of
compensation for injury or death has been established under this part
for the particular locality, or for a class of employees in the
particular locality.
(b) The benefit provisions adopted under paragraph (a) of this
section are those dealing with money payments for injury and death
(including medical benefits), as well as those dealing with services and
purposes forming an integral part of the local plan, provided they are
of a kind or character similar to services and purposes authorized by
the FECA.
(1) Procedural provisions, designations of classes of beneficiaries
in death cases, limitations (except those affecting amounts of benefit
payments), and any other provisions not directly affecting the amounts
of the benefit payments, in such local plans, shall not apply, but in
lieu thereof the pertinent provisions of the FECA shall apply, unless
modified in this section.
(2) However, the Director may at any time modify, limit or
redesignate the class or classes of beneficiaries entitled to death
benefits, including the designation of persons, representatives or
groups entitled to payment under local statute or custom whether or not
included in the classes of beneficiaries otherwise specified by this
subchapter.
(c) Compensation in all cases of such employees paid and closed
prior to January 4, 1999 shall be deemed compromised and paid under 5
U.S.C. 8137. In all other cases, compensation may be adjusted to conform
with the regulations in this part, or the beneficiary may by compromise
or agreement with the Director have compensation continued on the basis
of a previous adjustment of the claim.
(d) Persons employed in a country or area having no well-defined
workers' compensation benefits structure shall be accorded the benefits
provided--either by local law or special schedule--in a nearby country
as determined by the Director. In selecting the benefit structure to be
applied, equity and administrative ease will be given consideration, as
well as local custom.
(e) Compensation for disability and death of non-citizens outside
the United States under this part, whether paid under local law or
special schedule, shall in no event exceed that generally payable under
the FECA.
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